ECOWAS Court: Togo 2024 Constitutional Reform Ruled Unconstitutional

• Elhajj Mohamed Madi Djabakate has published an essay analyzing Togo's constitutional crisis, spanning from 1963 to a recent ECOWAS Court ruling.
• The book, *De la Constitution de Contrebande au Problème Constitutionnel*, was released in late October 2026.
• It was inspired by the ECOWAS Court of Justice's January 29, 2026 decision, which deemed the 2024 Togolese constitutional reform an "unconstitutional change of government."
• The essay introduces concepts like the "Contraband Constitution" and the "Constitutional Problem" to explain how power is maintained through legal artifice.
• The publication includes the full text of the ECOWAS Court judgment (arrêt n° ECW/CCJ/JUD/01/26), making it a vital resource for legal and political analysis.

The annex provides a facsimile of the ruling in the case *Ligue togolaise des droits de l’Homme et douze autres c. République togolaise*, specifically arrêt n° ECW/CCJ/JUD/01/26, dated January 29, 2026.

A new essay by Elhajj Mohamed Madi Djabakate, a prominent Togolese expert in human rights and democratic governance, delves into the ongoing constitutional crisis in Togo. Titled *De la Constitution de Contrebande au Problème Constitutionnel. Artifices constitutionnels, pouvoir dynastique et crise démocratique au Togo depuis 1963*, the book is published by Amania Éditions. It became available in Kindle format on October 28, 2026, with a paperback version following on Amazon on October 29, 2026, and is expected to be sold in Lomé starting the following week.

The essay traces the historical trajectory of Togolese constitutional issues from the assassination of Sylvanus Olympio in 1963 through to the current Fifth Republic. Djabakate's work is directly inspired by the ECOWAS Court of Justice's significant ruling on January 29, 2026, which characterized the 2024 Togolese constitutional reform as an "unconstitutional change of government." The author adapts La Boétie's classic query, "Why do we obey?", to the contemporary Togolese context, asking, "Why obey still?" His prologue asserts that "It is no longer servitude that must be explained. It is refusal that must be justified."

Within its structure of a prologue, nine chapters, and an epilogue, the book introduces two critical concepts. The "Contraband Constitution" refers to a constitutional revision that maintains an appearance of legality while circumventing genuine popular oversight. This concept is distinct from the broader "Constitutional Problem," which encompasses the systemic military, dynastic, clientelist, repressive, and rhetorical mechanisms employed by a regime to perpetuate its power by periodically altering constitutional frameworks without changing the actual holders of power. The author emphasizes that a "contrabandist" acknowledges the existence of a boundary but uses artifice to cross it, unlike a brigand who attacks openly.

Elhajj Mohamed Madi Djabakate's analysis extends beyond mere observation, exploring the intricate dynamics of obedience, the systemic failures of checks and balances, the deliberate cultivation of fear, the accountability of the elite, and the inherent dilemmas within the electoral process. Crucially, the author refrains from blaming the populace for their circumstances, noting that "One does not like the chain; one learns to walk with it." This perspective underscores a nuanced understanding of the societal pressures at play.

The book is not merely a critique; it also proposes a pathway forward. Djabakate advocates for a non-violent, non-partisan citizen awakening, grounded in the principles enshrined in the African Charter on Democracy, Elections and Governance, as well as other relevant international legal instruments. The author clarifies that his work is intended as a thoughtful reflection for his fellow citizens, rather than a polemic or a political manifesto.

A key feature making this publication particularly valuable for legal and political stakeholders is its inclusion of the full text of the ECOWAS Court of Justice judgment. The annex provides a facsimile of the ruling in the case *Ligue togolaise des droits de l’Homme et douze autres c. République togolaise*, specifically arrêt n° ECW/CCJ/JUD/01/26, dated January 29, 2026. This direct access allows readers to critically compare Djabakate's analysis with the official judicial decision regarding the 2024 Togolese constitutional reform.

This comprehensive resource positions the book as an essential tool for lawyers, legal scholars, students, journalists, civil society organizations, and anyone monitoring West African political developments, both within Togo and across the diaspora. Djabakate himself brings extensive credentials to this work, holding a Master's in international and European fundamental rights law from the University of Nantes and a Master's in political science and international relations from the University of Abomey-Calavi. His career, dedicated to promoting peace, justice, and the protection of vulnerable populations, includes leadership roles within Togolese civil society, the national independent electoral commission, the truth, justice and reconciliation commission, and various United Nations missions since 2012, including his current role as Associate Civil Affairs Officer with MONUSCO in Goma, Democratic Republic of Congo, and previous work with UNHCR, where he focused on electoral, political, humanitarian, and refugee protection issues.

Lawyers and compliance officers in Togo or those advising on West African constitutional law should consult this new publication by Elhajj Mohamed Madi Djabakate. It offers critical analysis of the 2024 Togolese constitutional reform and the ECOWAS Court of Justice ruling (ECW/CCJ/JUD/01/26), providing valuable context and the full judgment for legal research and strategic advice on democratic governance and constitutional changes in the region.

Source: Original reporting via Amania Éditions press release.